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  11. The Law And Economics Of Generative Ai And Copyright: A Primer To Core Challenges For Our Digital Future

The Law and Economics of Generative AI and Copyright: A Primer to Core Challenges for Our Digital Future

Zachary Cooper1,2, Bertin Martens3,4, Christian Peukert5

  • 1VU Amsterdam, Amsterdam, Netherlands.

The Review of Network Economics
|December 1, 2025

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View abstract on PubMed

Summary
This summary is machine-generated.

Generative AI (GenAI) presents copyright challenges for training data and AI-assisted creations. This "AI copyright conundrum" impacts creative incentives and cultural production sustainability.

Area of Science:

  • Intellectual Property Law
  • Artificial Intelligence Ethics

Background:

  • Generative AI (GenAI) systems pose significant challenges to existing copyright frameworks.
  • Legal uncertainties exist regarding the use of copyrighted data for training AI models and the copyrightability of AI-generated outputs.

Purpose of the Study:

  • To outline the "AI copyright conundrum" arising from GenAI.
  • To examine the impact of this conundrum on creative incentives, data accessibility, and cultural production.
  • To discuss potential policy solutions and future research directions.

Main Methods:

  • Analysis of current legal landscapes concerning AI and copyright.
  • Examination of case law and regulatory approaches across different jurisdictions.
  • Discussion of economic and cultural implications of AI copyright issues.
Keywords:
AIcopyrightregulation

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Main Results:

  • Significant legal ambiguity surrounds the input stage (data scraping for training) and output stage (copyright protection for AI-assisted works).
  • Divergent international regulations and lack of transparency in data sourcing create input-stage challenges.
  • Inconsistent judicial decisions complicate the determination of copyright eligibility for AI-generated content.

Conclusions:

  • The "AI copyright conundrum" threatens creative incentives and the sustainability of cultural industries.
  • Addressing these challenges requires clear policy interventions and further research into AI's legal and ethical dimensions.